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Violating the Lacey Act Declaration

Requirement

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U.S. Code 2008 Title 16 Chapter 53 

Amendments to the Lacey Act from H.R.2419, Sec. 8204 

APHIS regulation 7 CFR Part 357 Control of Illegally Taken Plants 

What are the penalties for violating the declaration requirement?

A person who imports plants or plant products in violation of the Lacey Act

declaration requirement, or falsely labels plants or plant products, could be subject

to civil or criminal penalties as follows: 

Civil Penalties

Any person who violates the declaration requirement may be assessed a civil

administrative penalty of not more than $250. Any person who knowingly violates

the declaration requirement, or knowingly falsely labels a plant or plant product,

may be assessed a civil administrative penalty of not more than $10,000.

Furthermore, any plant or plant product imported in violation of the import

declaration requirements may be subject to civil forfeiture.
Criminal Penalties

Any person who knowingly violates the declaration requirement or knowingly

violates the false labeling prohibitions could be subject to criminal penalties. If the

offense involves:

The importation of plants, fish, or wildlife, or

The sale or purchase, offer of sale or purchase, or commission of an act with

intent to sell or purchase plants, fish, or wildlife with a market value greater

than $350, the criminal penalties for an individual are not more than 5 years in

prison and a fine of $250,000 or twice the gross gain or loss. For a corporation

the criminal penalties are not more than 5 years of probation and a fine of

$500,000 or twice the gross gain or loss. Restitution and forfeitures may also be

imposed. 

If the offense does not involve these factors, the criminal penalties for an individual

are not more than 1 year in prison and a fine of $100,000 or twice the gross gain or

loss. For a corporation the criminal penalties in that circumstance are not more than

2 years of probation and a fine of $200,000 or twice the gross gain or loss.

Restitution and forfeitures may also be imposed.

What are the penalties and sanctions for violating the Lacey Act’s trafficking prohibition?

A person who traffics in plants or plant products in violation of the Lacey Act

trafficking prohibitions could be subject to civil or criminal penalties as follows:

Civil Penalties

Any person who violates the trafficking prohibitions and in the exercise of due care

should know that the plant or plant product was taken, possessed, transported or

sold in violation of, or in a manner unlawful under, any underlying law, treaty, or

regulation, may be assessed a civil administrative penalty of not more than

$10,000.However, when the violation involved plants or plant products with a

market value less than $350, and involves only the transportation, acquisition or

receipt of plants or plant products , the penalty shall not exceed the maximum

provided for violation of the underlying law, treaty, or regulation of the United

States, any Indian tribal law, any foreign law, or any law or regulation of any State, if

that maximum is less than $10,000.
Criminal Penalties

Any person who knowingly violates the trafficking prohibitions by:

1. importing or exporting the plants or plant products, or;

2. engaging in conduct that involved the sale or purchase of, the offer of sale or

purchase of, or the intent to sell or purchase, plants and plant products with a

market value in excess of $350,  and knew that the plant or plant product was

taken, possessed, transported or sold in violation of, or in a manner unlawful

under, any underlying law, treaty, or regulation, could be subject to criminal

penalties. For an individual, the criminal penalties are not more than 5 years in

prison and a fine of $250,000 or twice the gross gain or loss. For a corporation

the criminal penalties are not less than one year nor more than 5 years of

probation and fine of $500,000 or twice the gross gain or loss. Restitution and

forfeitures may also be imposed.

Any person who knowingly violates the trafficking prohibitions and in the exercise of

due care should have known that the plant or plant product was taken, possessed,

transported or sold in violation of, or in a manner unlawful under, any underlying

law, treaty, or regulation, could be subject to criminal penalties. For an individual,

the criminal penalties are not more than 1 year in prison and a fine of $100,000 or

twice the gross gain or loss. For a corporation the criminal penalties are not more

than 5 years of probation and fine of $200,000 or twice the gross gain or loss.

Restitution and forfeitures may also be imposed.

Permit Sanctions

Suspension, modification, or cancellation are authorized for any Federal hunting or

fishing license, permit, or stamp, or any license or permit authorizing a person to

import or export fish or wildlife or plants (other than a permit or license issued

pursuant to the Magnuson-Stevens Fishery Conservation and Management Act) or to

operate a quarantine station or rescue center for imported wildlife or plants , issued

to any person who is convicted of a criminal violation of any provision of this chapter

or any regulation issued hereunder. The government shall not be liable for the

payments of any compensation, reimbursement, or damages in connection with the

modification, suspension, or revocation of any licenses, permits, stamps, or other

agreements pursuant to this section.
Forfeiture

The Lacey Act’s civil forfeiture provisions are enforced on a strict liability basis. If

illegal plants, including timber, or a product made from illegal plants (and/or illegal

wildlife or fish) are brought into the U.S., that plant or plant product may be seized,

whether or not the person from whom it is seized knew of the illegal nature of the

product. Nonetheless, the government must still show that a plant, fish, wildlife, or

product thereof has been imported or received in violation of a State or foreign law

or regulation. Criminal forfeiture also extends to instrumentalities of the crime, such

as vehicles, guns, vessels and even factories or sawmills, if a felony conviction is

obtained.

What is meant by the term ‘due care’?

The Lacey Act, as amended, makes it a crime to traffic in plants or plant products

when, in the exercise of due care, the person should know that the plant or plant

product was taken, possessed, transported or sold illegally. “Due” care is a longstanding legal principle that means the degree of care at which a reasonably

prudent person would take under the same or similar circumstances. The Lacey Act

does not define nor mandate any requirements to constitute due care. U.S.

importers have discretion to determine how to best verify the legitimacy of their

supply chain going back to where the plant material was taken, and the legality of

transactions thereafter, and to abide by plant protection and conservation laws in

the U.S. and abroad.

Is there an ‘innocent owner’ exception?

No. There is no innocent owner defense when the plant or plant product subject to

forfeiture is contraband or otherwise illegal to possess under the law.